Senate Bill (SB) 79 makes qualifying “transit-oriented housing developments” (TOD) an allowed use on sites zoned for residential, mixed, or commercial development that are located near specified transit stops in urban transit counties. The law takes effect on July 1, 2026.
SB 79, signed by Governor Newsom on October 10, 2025, is codified in Government Code sections 65912.155–65912.162. The California Department of Housing and Community Development (HCD) oversees compliance by reviewing local SB 79 ordinances and TOD alternative plans for substantial compliance. HCD is also required to promulgate standards for inclusion of SB 79 sites in the housing element sites inventory. Each metropolitan planning organization (MPO) must produce a tiered map of TOD stops and zones within its region.
Last updated: 8/19/2026
SB 79 Advisory Clarifications on Definitions for MPOs
To help MPOs meet their SB 79 obligations, HCD released the SB 79 Advisory Clarifications on Definitions (PDF) that includes:
- Advisory clarifications of key terms in the statute informed by input from several MPOs and Caltrans.
- Classifications for existing rail typologies as of March 2026.
- Applicable urban transit counties as of July 1, 2026.
The advisory memo is intended to facilitate the MPOs’ ability to complete their statutory mapping role in a consistent manner across the state.
SB 79 Ordinance and TOD Alternative Plan (Optional)
Local jurisdictions are required to process qualifying SB 79 housing development projects starting July 1, 2026.
Additionally, local jurisdictions have the option to adopt an SB 79 ordinance and/or TOD alternative plan to modify certain SB 79 sites or TOD zones, or applicable development standards and provisions. The ordinance or alternative plan must meet the applicable statutory requirements.
Draft SB 79 Ordinance and TOD Alternative Plan
Per Government Code section 65912.160, subdivision (d)(1), the draft ordinance and/or TOD alternative plan must be submitted to HCD two weeks (14 calendar days) before the scheduled adoption date by the local legislative body (e.g., City Council or Board of Supervisors).
Adopted and Enacted SB 79 Ordinance and TOD Alternative Plan
Per Government Code section 65912.160, subdivision (d)(2), an adopted ordinance and/or TOD alternative plan must be submitted to HCD within 60 calendar days of enactment.
TOD Project Compliance
Depending on whether HCD has found an ordinance to be out of compliance or approved a TOD alternative plan, a housing development project would need to comply with either the SB 79 standards and provisions under Government Code section 64912.157 or a local ordinance and/or TOD alternative plan.
- Projects must follow the TOD alternative plan if the jurisdiction enacted a TOD alternative plan per Government Code section 65912.161, subdivision (a) that was approved by HCD.
- Projects must follow the local ordinance if the jurisdiction adopted and enacted an implementing, exemption, or temporary exclusion ordinance per Government Code section 65912.160, subdivisions (c) or (e), or section 65912.161, subdivision (b), respectively, that HCD has not determined to be out of compliance.
- Projects must follow Government Code section 64912.157 standards and provisions in all other scenarios.
TOD Project Compliance Diagram
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All draft and enacted ordinances and TOD alternative plans must be submitted to HCD's Portal as a "Housing Law Request". Please complete the following submittal form and attach the form as a cover sheet: SB 79 Local Enactment Submittal Form (PDF).
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All letters issued are available to the public and organized by jurisdiction, date and subject.
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Technical Assistance for inclusion of SB 79 sites within the sites inventory of Housing Elements of the General Plan.
Need technical assistance?
If you have any questions or need technical assistance, please visit the Housing Accountability Unit Portal.